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exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Tenant Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Tenant Developer has been found to be in default of this agreement and only after providing Tenant Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B.Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Tenant Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Tenant the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Tenant Developer and Tenant Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. A.The Tenant Developer agrees to pay by check to the City, an amount reasonably established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On- site Work, including, but not limited to, the following: 1. Site Plan Review Fee (Existing escrow deficit) $1,500.00 2. Administration () $1,500.00 Legal, Engineering, Planning, and Contract administration 3. Sanitary Sewer Trunk Unit Fee ( 7 units @ $2,911 per unit) $20,377 4. Water Trunk Unit Fee (7 units @ $3,854 per unit) $26,978 5. Surface Water Management Fee (paid with Main Street Shoppes plat)* $.00 Total Estimated (Budget) Costs for Escrow Account*** $50,355 B.If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Tenant Developer and City shall review the costs required to complete the project. Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 4 of 9